69Delegation by Agency Head

69 Delegation by Agency Head

(1) An Agency Head may delegate, in writing, any of the Agency Head’s powers or functions under this instrument (other than under this section) to a person.

Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

(2) However, an Agency Head cannot delegate powers or functions to an outsider, being a person other than: (a) an APS employee; or (b) a person appointed to an office by the Governor‑General, or by a Minister, under a law of the Commonwealth; or (c) a member of the Australian Defence Force; without the prior written consent of the Commissioner. (3) A person (the first delegate) to whom powers or functions are delegated under subsection (1) may, in writing delegate any of the powers or functions to another person (the second delegate). (4) However, if the first delegate is subject to directions about the exercise of a power or function delegated under subsection (3), the first delegate must give corresponding directions to the second delegate. (5) A person exercising powers or functions under a delegation under this section must comply with any directions of the Agency Head who delegated the power or function.